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HomeMy WebLinkAboutPrime Construction Group Agreement -1997 09 29 '. ~ c Itrk . /hi AGREEMENT 1. GENERAL THIS AGREEMENT, made this~ day of ~,.f. ,1997, by and between the Citv of Winter Sorinas , hereinafter calle~ the OWNER, and Prime Construction Grouo. Inc. doing business as a Corooration , and hereinafter called the CONTRACTOR. 1.01 1.02 WHEREAS, the OWNER and the CONTRACTOR are desirous of entering into an Agreement for construction of the Reolacement of Lift Station 7W Re-Bid by CONTRACTOR for OWNER. NOW, THEREFORE, for and in consideration of the mutual promises hereinafter exchanged the parties agree as follows: 1. Contract Documents - The Contract Documents consist of this Agreement; all Technical, General, and Supplementary Conditions and Sections contained in the Project Manual; the Drawings as listed on the Bid Form and Index to Drawings; all Addenda issued prior to and all Change Orders issued after execution of this Agreement. These form the Contract and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. 2. Scooe of Work - The CONTRACTOR shall perform all work required by the Contract Documents for the construction of Lift Station 7W Re-Bid . 3. Contract Time - The CONTRACTOR shall begin work within ten (10) days after the issuance of a written Notice to Proceed and shall complete the work within one hundred twenty (120) calendar days from the date of the Notice to Proceed. 4. Liauidated Damaaes - OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 3 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense, and difficulties Involved in proving in a legal arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $100.00 for each day that expires after the time specified in Paragraph 3 for final completion until the work is finally complete. 5. Contract Price. Lumo Sum Contract - The OWNER will pay the CONTRACTOR in current funds for the performance of the work" subject to additions and deductions by Change Order, a Total Contract Price of Fiftv-three Thousand Eiaht Hundred and 00/100 Dollars ($ 53.800.00 ) for the base bid. The CONTRACTOR submits a price for the re-coating of the wetwell to include all necessary by-pass pumping and safety requirements to complete the work. The Total Price for Additive Bid Item 1 is Ten Thousand Five Hundred and 00/100 Dollars ($ 10.500.00). Payments will be made to the CONTRACTOR based on the Lump Sum Bid amount, the Schedule of Values, and subject to completion of the work, in accordance with the Contract Documents. Additive Bid Item 1 is included in this contract. 6. Pavments - The OWNER will make payments as provided in the General Conditions and Supplementary Conditions. 00500-1 '-~._"~:~.:'.""7- . ."77".,..-..,,-.... ''',W'- ..... ... 7. Enaineer - The Project has been designed by Conklin, Porter & Holmes-Engineers, Inc., referred to in the documents as the Engineer, whose authority during the progress of construction is defined in the General Conditions and Supplementary Conditions. 8. Bond - CONTRACTOR shall supply a materials, performance and payment bond{s) in accordance with Florida law and to the satisfaction of OWNER. 9. MediationNenue - The parties-agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in a mediation. The parties agree to mutually select a mediator and in the event they cannot mutually agree upon a mediator, one will be appointed by the American Arbitration Association. The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Seminole County, Florida. 10. CONTRACTOR warrants the Lift Station 7W Reolacement Re-Bid will be fit for the City's intended use and purpose and will comply with all Federal and State laws and regulations. 1.03 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CONTRACTOR: (Seal) y w. Smit;., jr/ resident ~. Holiman Vice President OWNER: The Citv of Winter Sorinas Name of Firm (Seal) By: Ron McLemore, City ~~~. Y14~~.~ Attest 00500-2 WALDORFF INSURANCE & BONDING, INC. P.O. BOX 886 MARY ESTHER, FLORIDA 32569-0886 BENJAMIN H. FRENCH 352-694-9223 ISSUE DATE (MM/DD/YY) 09/18/97 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER COMPANIES AFFORDING COVERAGE f~~~NY A NORTHERN INSURANCE OF NEW YORK INSURED COMPANY B LETTER PINNACLE ASSURANCE CORPORATION PRIME CONSTRUCTION GROUP, INC. 5528 FORCE FOUR PARKWAY ORLANDO, FLORIDA 32809 COMPANY C LETTER VALIANT INSURANCE COMPANY COMPANY D LETTER COMPANY E LETTER THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION' DATE (MM/DD/YY) DATE (MM/DD/YY) LIMITS DESCRIPTION OF OP!iRATIONS/.l-OCATlONS/v,EHICL~/SPECIAL IT.c:MS . . . *It is hereoy unaerstooa ana agreea that the below named certlflcate holder and Conklln, Porter, and Holmes Engineer, Inc. 1104 E. Robinson Street, Orlando, Fl 32801 are added as additional insured as pertains to General Liability as respects this job only: REPLACEMENT OF LIFT STATION THE CITY OF WINTERSPRINGS, 1134 E. STATE ROAD 434 WINTERSPRINGS, FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIR1BON DATE THEREOF, THE ISSUING COMPANY WILL~ MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,